The Charter
of 1662
By
Bruce P. Stark
The
Connecticut Charter, which provided the basis for Connecticut
government until 1818, was secured because of Connecticut's realization
after the restoration of Charles II to the English throne in 1660
that the government of the colony lacked any legal foundation.
Connecticut's
leaders feared that the new English government would attempt to
assume absolute control over the Puritan colonies in New England.
Connecticut's leaders decided, therefore, that their best hope
for preserving their liberties lay in petitioning for a legal
charter from Charles II. John Winthrop, Jr. (1605/06-1676), Connecticut
governor, was chosen for this critically important task. He sailed
for England in July 1661 and succeeded with the help of Lord Saye
and Sele, Lord Brooke, and the Earl of Manchester in securing
a Charter for the colony in May 1662.
The
Charter was an extraordinary document because it gave the people
of Connecticut a clear legal basis for their colony, provided
for the absorption of New Haven Colony, and, most importantly,
granted the "Governour and Company of the English Colony
of Connecticut in New England in America" an exceedingly
generous degree of self-government. By the Charter, Charles II
created a corporation. The members of this corporation were the
freemen of Connecticut, and the company was granted complete freedom
to lease, grant, sell, bargain, alienate, and dispose of property
as other corporations had the right to do. The Charter provided
for a governor, deputy-governor and twelve assistants, all of
whom were to be elected annually by the freemen of the company.
An Assembly consisting of not more than two representatives from
each town elected by the freemen was to meet twice annually to
act upon the business of the corporation. All legislative and
judicial power was granted to the General Assembly with the reservation
that the General Assembly could enact no laws contrary to those
of England. The land tenure granted to the freemen of Connecticut
was that of the "Manor of East Greenwich in Free and Comon
Sociage," the freest in England, in return for which the
king was to receive one-fifth of all gold and silver mined in
the colony. The Charter established Narragansett Bay as the eastern
boundary of the colony and the "South Sea," the Pacific
Ocean, as the western boundary.
For
securing this document, John Winthrop, Jr. must be considered
one of the great heroes of Connecticut history. The Charter itself
was so highly prized by succeeding generations of magistrates
that they were almost always circumspect and deferential in dealing
with the British government, lest they risk forfeiting the document
that protected their rights and liberties.
For
Further Reading
Andrews,
C. M. and Bates, A. C. The Charter of Connecticut, 1662.
New Haven, 1934. Tercentenary pamphlet III.
Van
Dusen, Albert E. Connecticut. New York, 1961. See chapter
4.
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Entry under revision.
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